Compensation & Lease Breaches in ACT

As a renter in the Australian Capital Territory, understanding how compensation and lease breaches work can empower you to interact effectively with your landlord. Whether it’s unaddressed repairs or issues with the terms of your lease, knowing your rights and obligations under the law is crucial for a harmonious renting experience.

Understanding Lease Breaches

A lease breach occurs when either the tenant or landlord fails to adhere to the rental agreement or the Residential Tenancies Act 1997. Common breaches by landlords include not providing necessary repairs, entering the property without notice, or attempting illegal eviction. Tenants may breach a lease by failing to pay rent on time or damaging the property beyond normal wear and tear.

Seeking Compensation

If you face a breach of the lease agreement by your landlord, you may be entitled to compensation. Compensation claims can cover various issues such as loss of amenity or increased expenses due to landlord negligence. When pursuing compensation, renters should document all communications and incidents thoroughly.

How to File for Compensation

• Document the issue clearly, including photographs and written communication
• Attempt to resolve the issue directly with your landlord by writing a formal complaint
• If unresolved, apply to the ACT Civil and Administrative Tribunal (ACAT) for formal proceedings

Forms and Resources

An essential form for renters facing disputes is the Application for Civil Dispute, which can be lodged to ACAT. This form facilitates the legal processing of your claim and can be accessed here on the ACT government's website.

Legislation Governing Tenancies

The Residential Tenancies Act 1997 regulates all residential tenancies in the ACT. Familiarizing yourself with this legislation will help you understand the standards and procedures governing your rental situation. Additionally, the Fair Trading Act 1987 protects consumers, including renters, from unfair practices.

1. Can the landlord ask me to leave without any reason?

   No, a landlord cannot evict a tenant without sufficient reason and notice as per the Residential Tenancies Act 1997. Any eviction notice must comply with the stipulated legal requirements.

2. What should I do if my landlord refuses to make repairs?

   You should first notify your landlord in writing to address the repair. If unresolved, you can apply for an order through the ACAT to compel the landlord to undertake necessary repairs.

3. How can I protect myself if my flat is damaged?

   Document any damage extensively with photos and written descriptions. Notify your landlord immediately and use this evidence if seeking compensation for any losses incurred.

Need Help? Resources for Renters

For advice and support in dealing with rental disputes, contact the following organizations:

• Tenants' Union ACT
• ACT Civil and Administrative Tribunal
• Legal Aid ACT

---

1. Residential Tenancies Act 1997

2. Fair Trading Act 1987 (Cth)

3. ACT Civil and Administrative Tribunal

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid